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A42629 The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir.; Rand, S. 1692 (1692) Wing G533; ESTC R18626 44,763 42

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David produce●h before him the result of the Treaty that they have given their consent David signs and agrees to it the Agitator between the Parties together with his Associates having been splendidly and chearfully entertained Abner having got what he would have had and all things necessary to usher in the business thus happlly concluded I will arise saith he to David I will go and gather together to my Lord the King all Israel that they may make a Covenant with thee nor did the High-Priest Jehodadah in any other manner advance Josiah to the Throne of his Ancestors for he made him and the people mutually to contract and bargain together CHAP. V. Wherein are examined those Passages of the New-Testament which our Adversaries endeavour to draw to their purpose HAving thoroughly sifted and discussed all the Succours that reinforce their Cause out of the Old Law Let us now see whether or no the New-Law be more favourable to them than that They judge that Precept of our Saviour's Give unto Caesar the things that are Caesar's as the most material and all in all in this their Cause But if I understand Christ's meaning this famous Oracle of his doth rather make against our nonresistant Parasites than for them For our Saviour doth not say all things are Caesar's but before he would answer this nice and cunning Demand he thought it best to look upon the Inscription of the Medal nor is there any question to be made but that if the Image and Superscription had been Herod's such was the exactness of his Justice he would have commanded to render unto Herod the things that were Herod's Wherefore if the things that are Caesars are to be rendered to Caesar Now if Caesar exact those things for his own which are not so by the Precept of Christ or at least the Precept standing good and in force they may be denied him but the Honour Life and Esta●es of Subjects are not Caesar's The Subjects are liable in some respect in duty bound to maintain his Dignity and Prerogatives with all these They are therefore obliged not to grudge venturing their Life and Fortune but it is to be at the disposal of the Nation and not as the Prince pleaseth But now the reason why we are commanded in the Holy Scriptures to honour Kings and even to obey them in such things as are harsh and cross our Inclination● to pay Taxes to pour our Prayers and Supplications for them this if I am able to judge doth not at all make for Absolute Power for we are commanded to exhibit Honour to whom Honour Tribute to whom Tribute Fear to whom Fear is due to strive to outstrip one another in well-doing to pray for all men I would fain know if any one can deny but this is also due to Democratical Government it is a thing granted by all Christians in general that all Honour and Reverence is to be paid to Princes even to bad ones so long as they sway the Scepter provided they do not incroach upon the Rites of God Almighty nor meddle with the Spiritual Concerus But herein lies the main stress of the Question and turns upon this Hinge Whether or no Princes not using their Power as they should do and not administring the Common-wealth aright may forfeit their Regal Power if they do so forfeit as we have before sufficiently cleared we do contend that they may incur the Penalty of being discarded and we do readily consent with the Council of Basil in the same Cui piae non predest correctio debita ei non parcat abscissio to him whom pious correction does no good let not a deserved cutting off spare him if so be it be once by the States of the Nation declared that they have forfelted their Government but I do not think it fit for any private Person nor lawfull for divers particular Persons together to pass this Sentence even as it is not lawfull for any private Person to introduce a new form of Government into the Common-wealth but it is generally allowed by all that this belongs to the whole Nation or at least to the better part of it But to the end we may cut off all means and occasions from our Adversaries of expecting any relief for the future from the New-Testament those Precepts by which we are instructed in our Duty towards Princes and Magistrates are to be explained by three Observations 1st Those Precepts as we observe are recommended and enjoined to all who are in Authority over others without exception Now the Authority of those that bear rule is not one and the same in all Nations therefore the Laws of every Nation standing in full force and vertue holy men would introduce their own Laws without prejudice to the other 2ly The Apostles Rules respect particular men not the whole Lump and Mass of any particular Nation For at such time as they were delivered the Church did not compose any body politick nor did compose any till a long time after nay even the Apostles Authority was odious and suspected by all Nations 3ly The Apostles had nothing to do to determine what Laws every Nation were to make use of for our Blessed Lord would not have it that his Church should make us any politick particular Government for since it was to be propagated through all parts of the world which according to the various disposition and humours of the People the forms of Government do very much differ nay and sometimes are quite contrary one to another it was but convenient that the Apostles should leave the administration of Government to it self with this proviso that it should not contain any thing in it that might seem repugnant to the Tenure of the Gospel CHAP. VI. Wherein is treated of the first Ages of the Christian Church BUT now because in the three first Centuries out of an unparallell'd example of humility and patience Christians never made the least insurrection against the Heathen Princes by whom notwithstanding they were most barbarously and sundry ways tortured this does not at all infringe or invalidate the force of our Argument for they were no ways in a capacity of behaving themselves any otherwise being destitute of Force and all along subject wheresoever they were to their Enemies but we lose not one jot of our right when we are debarr'd the use of it either by open force or any other insuperable way whatsoever yet one or other may object that the Christians might have entered into Confederacy with the most moderate Heathens against those who were cruellest and most violent yet neither was it expedient for the Christian Religion to subdue the World to it self it was a piece of indecency for if after this manner to gain Triumphs over Idolatry but so soon as ever it got the upper-hand of the World by abundance of patience and conspicuously eminent good living and became that I may use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prevailing Doctrine
the like punishment be any one of the Clergy or any Christian whomsoever who shall be involved in his errour be thought worthy By the Law of the Fiefs and Feudaries which contain also Empires and Kingdoms a Vassal doth not owe feality or service to his Lord once excommunicated nay he is even absolved of his Oath of Allegiance as may be seen in Lib. 2. Feudor Tit. 28. S. 1. In this Decree of the Senate we meet with two things observable First Th●t the King is obliged by an Oath not to permit the Catholick Faith to be violated or infringed the other is That in case he shall be found a violator of this same p●omise that he shall incur the censure of Anathema lie and all his complices and adherents Both these do run exactly parallel with the case of K. James for he promised when he came to the Crown That he would not suffer the Religion of the Church of England to be violated by the Papists whose banishment out of the Kingdom had been oftentimes debated he stood not to his word nay he shews himself a Ring leader and authoriser of such who endeavoured might and main the subversion of the said Religion he is therefore made justly sensible of the Parliaments severity in discarding and disowning him By this Deree it is likewise prohibited that none shall ascend the Regal Chair except he be a Catholick The same Synod C. 17. adds moreover Unless by his demeanour and good conversation he be thought fit and worthy to be advanced to Regal authority much more unless he be judged fit upon the account of his orthodox Religion This does very much countenance and justifie the Parliaments proceedings in their Act whereby it is expresly provided that none shall ascend the Throne except he be a favourer at least of the Church of England Now it will not be amiss to hear K. Beccesuinthus in the Eighth Toledo Council confessing that the unrully desires of Kings had need of being checkt and restrained who signed and ratified this Law for himself and Posterity Since then in the Ages successively last past the immoderate unbounded covetousness of Kings hath extended it self to the spoils and incroachments upon the people and that the lamentable Imposition and burthensome Taxes have much augmented their lawful Revenues at length it is revealed to us by divine Inspiration that seeing we prescribe Laws and Statutes of respect and obedience to be observed by the Subjects it is meet we should set some bounds of restraint and temperance to the vitious excesses of Princes Moreover out of our princely clemency and after due consideration as well for our selves as for all those who shall succeed us in our glory we by Gods assistance do enact a Law and do publish and declare that no King upon any private motive or impulse or by any Faction shall take away by force or cause to be taken away any writings or deeds concerning any thing due to another so that he may prove himself unjustly to be Lord of and lay claim to the things so due to them K. James offended against this Law when following his brother Cha. II. his steps he vsolently by Quo Waranto deprived Citizens of their Charters and did in a manner wholly cancel and disannul the Priviledges and Immunities of the Nation King Beccesuinthus was not of these Opinions that Kings were Lawless who enacted a Law for himself and his successors Let us on the other hand return to the Synod prescribing Laws to Kings From hence saith the Synod may Kings convince Men that all things is owing to them and depends on them when they govern all things wisely whence they doubt not but that these things are due not to their Person but to their Power and Dominion 't is Rights that make a King not his Person for to be King does not so much consist in the ordinary meanness of personal qualities as in his honour and sublime grandeur the things then that are due to honour are assistant to honour and what Kings heap up and amass they leave to the Kingdom that forasmuch as the glory of the Kingdom casts a Lustre upon them so they likewise do not imbezle or diminish the Kingdoms glory but render it more glorious besides 't is requisite that those who are constituted Kings should have minds full of care in ruling in acting with a great deal of moderation in decreeing righteous judgment in sparing and having a tender regard to such who are willing to obey in procuring sew parties in siding with fewer A little below that Whilst the vastness of the propriety of Princes includes all in the Bosom of its receivings and nothing but the Princely Belly is stuft all the rest of the Members of the Nation drain'd and exhausted languish and decay for meer lack of sustenance from whence it comes to pass that neither the Commonalty can receive any succour and assistance neither can great ones maintain their dignity because whilst the force of Power hath seized on all the State of the Commonal●y are not in a condition to defend the least Rights the Synod do very warily and discreetly prescribe to Kings their duty and do withal neatly decypher to us a Kingdom ruled by a Tyrant such an one as is not to be found in this World The Spaniards grown weary of King Wamba's Government shut him up nolens volens in a Monastry to do penance and compelled him to elect Ervigius Grandee of Spain taking no notice of Theofredus his Son the Twelfth Synod of Toledo was held on purpose to confirm this Ervigius Anno 682. and this is the Language of the Synod And by that means the Peoples hands were loosed from all Bonds and Obligations of an Oath which during the Reign of the said Wambal were kept fast tyed paying duty and allegiance only to this Prince Lrvigius being at liberty by all demonstrations of acceptable homage whom the very Divine Decree had fore-ordained to the Kingdom and the kind and courteous People in general wisht for wherefore these things considered and in acknowledgment of this favour we are to serve none but God alone and our King Ervigius and we are to be obedient to him and devoted entirely to his Will let us then perform with a ready mind and without reserve endeavour to do whatsoever may conduce to the welfare and security of his Royal Person whatsoever may promote the real Interest of him and his Country Now must we hear Ervigius himself accosting and bespeaking the Fathers of the Synod For this in general I beg of you saith he that whatsoever doth not comport with the Laws of our glory if there be any thing that may seem contrary to justice and equity it may be rectified by your good disposition meekness and judgement The same Ervigius how much he esteemed the decrees of these Councils abundantly shews in the Thirteenth Toledo Synod which he Harangues after this manner for 't